What Canada Patent Act 1985 requires
The Patent Act (R.S.C. 1985, c. P-4), last substantially amended by the Comprehensive Economic and Trade Agreement Implementation Act 2017 and the Budget Implementation Act 2018, grants inventors a 20-year exclusive patent term from the filing date under Section 44 for inventions that are novel, non-obvious, and useful, requires examination of patent applications by the Commissioner of Patents within the prescribed examination request period under Section 35, establishes the patent office filing and prosecution process, provides for compulsory licensing of patented medicines for export to least-developed countries under Section 21.04, permits independent parallel development defences under Section 56, and confers on patent holders the exclusive right to make, use, and sell the patented invention in Canada under Section 42, with infringement remedies including injunctions, compensatory damages, and accounting of profits under Sections 55 and 57.
Pillar: Legal & IP Sovereignty · Authority: Parliament of Canada · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/P-4/page-1.html
SHA-256 integrity: 406e054c68f1bebf21561f0ec07cbf9cccf777ad123b20a5f18f170a27b25fbf
Primary Citations — 5 traced to source
- Sections 2 (definitions, utility, patentable subject matter), 27-28.3 (application filing, novelty, non-obviousness), 35 (examination request), 42-44 (grant and term), 53-56 (invalidity, independent development defence), 55 and 57 (infringement remedies), 73 (abandonment and reinstatement), 21.04 (compulsory licensing for export) — Patent Act (R.S.C. 1985, c. P-4)
- Rules 84 (examination request deadline of 4 years from filing), 161 (maintenance fee schedule), 168-172 (reinstatement procedures) — Patent Rules (SOR/2019-251)
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